Downeast Coastal Press, February 19-25, 2008

Senate Passes “Super-Union” Amendment, 18-17

By Will Tuell

In a sign of just how divisive Maine’s school reorganization law has become, the Maine Senate gave preliminary approval to a proposal by Sen. Dennis Damon (D-Trenton) that allows regional planning committees (RPCs) to create “super-sized” school unions as an alternative to regional school units (RSUs). This governance arrangement would allow member communities to have their own school boards overseeing their own elementary schools while sharing secondary education governance with district members.

The measure, which passed a so-called “first reading” by the scantest of margins—18-17—was “bolted on” to a bill proposed by Education Commissioner Susan Gendron to “fix” inequities in the law originally passed last June. That bill, LD1932, also cleared its initial hurdle by a 22-13 margin.

Machias-area Union 102 Superintendent Scott Porter, a proponent of both Damon’s amendment and a similar proposal offered by Sen. Kevin Raye (R-Perry), said in a phone interview February 15 that he was “thankful” that Raye broke with the majority of his party and supported the amendment.

“There were people who should have voted for it in the Republican Party who didn’t,” said Porter. “We’re thankful that Kevin Raye did,” adding that the reason some Republicans didn’t vote for the Damon amendment was that they were holding out hope that Raye’s proposal, which goes further, would be approved instead.

Porter said that East Machias First Selectman Kenneth “Bucket” Davis, Elm Street School Principal Tony Maker, and East Machias School Board Chairman Mike Look, all of whom have spent many days in Augusta over the past year lobbying on education matters, had been in touch with Republicans who voted the Damon Amendment down initially.

 “They’ve [Davis, Maker, Look] been assured that when this comes to a revote that they [Republicans] will support the Damon Amendment [in larger numbers]. The Maine Small Schools Coalition has also been communicating with Senate Republicans,” said Porter.

Raye echoed Porter’s sentiment, adding that he and many of his colleagues would have rather supported a “stronger” bill, but that the Damon Amendment still preserves local control of schools.

“I’ve been urging my Republican colleagues to join me in support of the Damon Amendment,” said Raye. “The dynamic at play is that a number of Republicans voted against it because they preferred my amendment. I preferred that as well, but it didn’t have the support. I think that it is not as strong as the minority report from the Ed Committee, but I do believe that it’s a good amendment.”

Raye predicted that with all viable alternatives off the table, Republicans would solidify behind Damon.

As for the Democrats, Raye and Porter both said that Gov. John Baldacci and Commissioner Susan Gendron were “behind closed doors trying to peel off” Democrats who had voted for Damon’s measure. Porter characterized Gendron’s mind-set as “wild” after learning of the measure’s initial approval. Both have been strong advocates of centralized control of education over the past year’s debate.

Porter said that Baldacci was so “upset” over the passage of Damon’s amendment that he might go as far as to sabotage a bill his administration has previously supported.

“We’re even hearing that the governor will veto LD1932 if school unions are included,” said Porter. “If he does that, he will continue to stop progress in RSUs statewide.”

“The commissioner is very upset with the passage of this amendment. The governor is upset. We’re hearing that he’s trying to influence the Democrats in the Senate to vote against it,” said Porter, predicting that the bill would ultimately “make it” through the Senate. “There aren’t many [Democrats] that are going to change their mind. I think it’s going to make it through the Senate.”

Damon and House Majority Leader Hannah Pingree (D-North Haven) both represent communities on Mount Desert Island, where, as with the East Machias municipal leaders, there has been a groundswell of opposition to the new school reorganization law. Normally loyal partisans who could be expected to side with Baldacci and Gendron, Damon’s and Pingree’s support for the super-union amendment is reflective of the position expressed by many of their constituents, who helped devise his plan, one that Gendron rejected in mid-December when it was submitted for approval by the MDI regional planning committee.

Raye urged the majority party to “hold fast and stand behind their votes.”

Davis, who has been supporting Reps. Howard McFadden (R-Dennysville), Peter Edgecomb (R-Caribou) and Roberta Muse (R-Fryeburg) on their proposal to develop Union School Associations, felt that either proposal would “save school unions” in many rural communities across the state. “Whatever happens,” he said, “whether it be Damon’s amendment or Peter [Edgecomb]’s, I believe there’s a chance to save school unions.”

Although all were hopeful that the Senate would fight to keep super unions, the bill still has to go through a second reading and two readings in the House of Representatives, where the bill could face further challenges from the administration, although Porter noted that Pingree is also “pressuring” her fellow Democrats to stand by super unions.

Second Raye Amendment Fails, Third in the Works

Minutes after Damon’s amendment passed, Raye’s amendment, which would have allowed the voters of municipalities to “opt out” and bear the penalties at any point, failed by a 19-14 margin. That amendment would have allowed towns to withdraw from a reorganized district if local voters decide they don’t want to participate in a partnership any longer.

“I have also sponsored a Senate amendment that would restore the dissolution and withdrawal process,” Raye wrote in an e-mail February 16, “in order to make it possible for a school district to dissolve itself, and to make it possible for a municipality to withdraw from a district in order to align with another district. Currently, towns are trapped in whatever district they belonged to when the new law went into effect, and have to go with whatever consolidation plan the majority of the district chooses. For example, either Franklin or Steuben could be faced with this situation, depending on what direction the final consolidation plan for the Flanders Bay area takes.” Rep. McFadden has sponsored an identical amendment in the House of Representatives.

Raye said that “under the parliamentary process, my amendment to restore the dissolution and withdrawal procedures must be offered on the ‘second reading’ of the bill. That is expected to occur when the Senate reconvenes on February 25.”

In order for any of these amendments to LD1932, or the overarching bill itself, to have immediate impact, legislators in both houses will have to pass it by a two-thirds majority. Failing that, the bill will go into effect in mid-July unless the Legislature stays in session past April 16, something which could happen only if the governor and legislators agree to an extended special session.

In the meantime, RPCs are faced with the prospect of having to submit final plans by March 28. Many RPCs have held off on finalizing their reorganization plans until the Legislature makes further changes to the law. The Machias-area RPC has not met since January 8, and other rural RPCs have chosen not to deal with governance or financial components of their plan until they know what the law will be.

“There are no RSUs meeting,” said Davis, “because they don’t know what to do. Damon’s amendment is the best thing we have right now.”

The Legislature reconvenes following its February vacation on Monday, February 25.